Yes it is a new CA against PPHM, filed in Delaware (good luck), but in NO CASE of consequence for PPHM the company. It is aimed at BoD members. I even think the bylaws protect them against this, so plaintiff must know that too.
Actually I don't understand why it is in the form of a class action. If BoD gave themselves to many options (under the claim that they did it days before favorable news about NSCLC was announced) then I cannot see the damage of that for the PPHM shareholders INDIVIDUALLY.
Actually, if it is true, one trial to reverse the remuneration would do. The funds would remain with PPHM and everyone that is a shareholder would benefit from it without doing anything.
But we are entering the same path again. A class action JUST BEFORE the Annual in the hopes to turn some last votes. Won't matter anyways. The 'JUST DAYS BEFORE' statement say it all. Technically 300 days before is also days before and "JUST" is one of those non-quantified words.
So everyone who reads it will immediately fill it in as 1, 2 or 3 days before and think "Oh Bad BoD!!!". However a quick look at the PR stack teaches us that the remunerations were in 2012 and the NSCLC in 2013. (I think there was a post on this board in the past were someone months ago now mentioned a new class action in this direction - maybe someone of you can do a search).
Furthermore the options have NOT been exercised and this kind of remuneration is within normal doing for PPHM. Now, explain to people that option amounts are upped because also many options were not exercised in the past and expired.
This CA is another attempt to slow us down or to in one way or another try to break open the BoD to disable the poison pill that they guard.
Just think: What is there in THIS CLASS action that was not KNOWN the VERY DAY the NSCLC results were announced. If one had THIS complaint (as filed) what kept that party from filing it the month after the NSCLC results were announced!
NOTHING, ABSOLUTELY NOTHING. Yet they file it OCT 11th with Annual Meeting on OCT 17th and SEC listing obligation ending OCT 16th (4th business day). What does that tell you?
It tells me that I need to buy more shares and support the BoD because someone is getting quite desperate in trying to break into PPHM and get our investment for breadcrumbs. So it must be worth all the maneuvering or they wouldn't do it!